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Where did the WA Parliament get its authority to insert sec 52 into the WA Constitution

Paul Robinson made this Freedom of Information request to Parliament of Western Australia

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Paul Robinson
Delivered

Dear Parliament of Western Australia,

1. The Western Australian Parliament receives its authority to make laws from the Western Australian Constitution s57 and sec 108 of the Commonwealth Constitution.
2. The Western Australian Constitution is also subject to the Commonwealth Constitution s106.
3. Municipal institutions and local government, is contained within the Commonwealth Constitution as a department of a State Government. (Pages 935 & 936 Annotated Constitution).
4. In 1979, The Parliament of Western Australia created the Western Australian Constitution to include s52 which inserts Local Government into the Western Australian Constitution.
5. S108 and s106 of the Commonwealth Constitution binds the Western Australian Constitution under s57 and therefore any changes to the Western Australian Constitution shall require a referendum to be conducted as per s128 of the Commonwealth Constitution.

FOI Request:
Can the Parliament of Western Australia please provide the documentation of the referendum that was conducted and the result of the referendum that was used as the instrument of authority to allow the Parliament of Western Australia to create and include s52 that inserts Local Government into the Western Australian Constitution.

Yours faithfully,

Paul Robinson

Link to this Report
Parliamentary Education Office, Parliament of Western Australia

Hi Paul,

Your email has come to education@parliament. We are the Parliamentary Education Office and are responsible for all the tours conducted in Parliament House, and so FOI requests aren't our domain or responsibility. We do know however that while the Commonwealth Constitution requires a national referendum to alter wording of it, the Western Australian Constitution Act 1889 can be altered through Acts of Parliament and has been modified several times since.

Kind regards,

Parliamentary Education Office
Parliamentary Services Department | Parliament of Western Australia
Parliament House | 4 Harvest Terrace | West Perth WA 6005
t (08) 9222 7259 |
e [Parliament of Western Australia request email] | w www.parliament.wa.gov.au

 
     
 

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Link to this Report
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